Housing Association trying to exclude my garden

Section62

https://forums.moneysavingexpert.com/discussion/comment/82157117#Comment_82157117

The other house (25) is presumably someone else's dwelling, and therefore subject to a separate RTB (if any).

The red-line boundary is showing the extent of the HA's current ownership, and the inclusion of other dwellings within the red line is largely irrelevant to the OP's RTB.

What matters is what part of that area is let with or used by the OP's dwelling.

WIAWSNB

https://forums.moneysavingexpert.com/discussion/comment/82154884#Comment_82154884

Interesting deeds map. I unfortunately don't see that it directly helps to clarify the situation either way. I should emphasise that I have very limited knowledge of such matters, but I think it can be said that No25 does not lie within your curtilage… So, what do your deeds say in writing when referring to that map, and the area outlined in red? And for the sake of around £5, it may be worth downloading the deeds for No25 too, and see what it says - if anything - about 'your' side garden.

You mentioned that it says on the Title Reg, "Not to permit the cond of the forecourt or front garden or the garden or land at the rear or existing boundary walls or fences to deteriorate to the detriment of the estate of which the property forms part." Again, to me, that's as ambiguous as the map. To have such a clause is not unusual, and at first glance it may even suggest that, since you are responsible for maintaining that outer garden boundary, it is 'part' of your home. But it also states that this maintenance is to prevent any detriment to the 'estate', of which your property is (just) 'part'.

Probably the significance of the above is clear to those with knowledge of property boundaries, but that does not include me.

I also found it interesting that the HA willingly erected a larger and safer boundary fence around that outer garden, on your request. Again, to me, it's ambiguous - at first glance it may suggest they acknowledge it's part of your curtilage - why else would they bother; "Just use yer own wee garden, pal." - but it might also just demonstrate they are being responsible for land they know the occupants use.

As asked, is No25 privately owned or still HA? And No23?

lincroft1710

You could get 3 houses on that garden, as a potential building plot it is worth a lot of money. I would expect the HA valuation of your home to be quite high to reflect this, if they have to include the garden in the sale.

strawb_shortcake

The HA are allowing the sale of the garden, but I'm not sure if they are muddying the waters and will potentially be splitting the title for house and garden or if the additional £15k is paid then it would just be one title that transfers?

If the price for the house is for argument sake £100k and the garden £15k - had the HA had have come back and said it'll cost you £115k but there is an overage clause would this still be a discussion? They are presumably within their rights to implement an overage clause?

Or is it two separate titles and if the OP ever wants to sell as part and parcel of moving house then there will be an uplift fee on how much it is sold for? Without being too morbid, if the OP moved in to the house as adult, has been a tenant for 37 years the OP could be in their 90's when the clause no longer applies?

As said before we bought under RTB and we could in theory put 2 houses in our garden, but access and parking would make this difficult. When we tried to sell last year one EA suggested an overage clause but we declined due to the accessibility and it may put buyers off even if they had no intention to develop the land.

sheramber

https://forums.moneysavingexpert.com/discussion/comment/82157187#Comment_82157187

I think the house was owned by the council who put up the fence.

HA took a very houses and it is they who are disputing the ownership.

No 23 is the OP’s house.

It has been suggested earlier that the red outline is showing the HA owned properties. - 23 and 25.

WIAWSNB

https://forums.moneysavingexpert.com/discussion/comment/82157495#Comment_82157495

Thanks.

Where there's a red boundary, there should be text referring to it. Anything on your property's deeds, Bro2? And ditto for 25&27?

27 also has a large garden, seemingly capable of holding another couple of properties. I wonder if that sold to a private owner, along with its garden?

Ms_Chocaholic

https://forums.moneysavingexpert.com/discussion/comment/82157064#Comment_82157064

No I was more thinking of the OP building another property on the land but maintaining the freehold and the buyer being the leaseholder. Not sure how easy that is to do but would save a fortune if it was possible.

silvercar

I’m guessing that the red outline is the boundary of what the HA own. At the moment, with 23 and 25 in HA ownership a separate title for each property doesn’t yet exist. Certainly, on deeds I was looking at elsewhere, the title for the properties that were sold off only came into existence when they were sold.

Beingrippedoff_2

https://forums.moneysavingexpert.com/discussion/comment/82156804#Comment_82156804

https://forums.moneysavingexpert.com/discussion/comment/82156960#Comment_82156960

They would only fit one Thank you for your post

Beingrippedoff_2

https://forums.moneysavingexpert.com/discussion/comment/82157076#Comment_82157076

Thank you for your post I’ve had very sad news over the weekend, so I’m dealing with that at the moment. My barrister had put